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(영문) 대구지방법원 2017.02.16 2016노5418

교통사고처리특례법위반(치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (one year of imprisonment) with respect to the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant committed each of the crimes of this case during the period of repeated crime due to driving without a license for drinking, etc., and the blood alcohol concentration is considerably high as 0.153%, and the Defendant did not agree with the victim.

In addition, in order to avoid punishment, the defendant stolen personal information of the other person, and intentionally fails to appear on the date of examination for issuing a detention warrant, and the defendant has already been punished six times due to drinking driving and non-licensed driving.

On the other hand, the defendant is against the charge, and the degree of injury of the victim is not obvious.

In addition, in full view of all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.